140A1122Q0010_Terms_and_Conditions.pdf

BIA Western Regional Office RFQ No. 140A1122Q0010

TABLE OF CONTENTS

1. SECTION B SUPPLIES OR SERVICES AND PRICES

1452.280-1 Notice of Indian Small Business Economic Enterprise Set-Aside July 2013 (Deviation)

QUOTE SCHEDULE

2. SECTION C DESCRIPTION / SPECIFICATIONS

Specification / Statement of Work / Performance Work Statement

3. SECTION E INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES—FIXED PRICE AUGUST 1996

4. SECTION F DELIVERIES OR PERFORMANCE

52.219-14 Limitations on Subcontracting March 2020 52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 June 2020 52.242-15 Stop-Work Order August 1989

5. SECTION G CONTRACT ADMINISTRATION DATA

DOI Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) April 2013

6. SECTION I CONTACT CLAUSES

1452.203-70 Restrictions on Endorsements—Department of the interior July 1996 (Deviation) 1452.204-70 Release of Claims July 1996 (Deviation) 1452.215-70 Examination of Records by the Department of the Interior April 1984 (Deviation) 1452.226-70 Indian Preference. —Department of the Interior April 1984 (Deviation) 1452.226-71 Indian Preference Program— Department of the Interior April 1984 (Deviation)

1452.228-70 Liability Insurance—Dept. of the Interior January 1996 1452.280-2 Notice of Indian Economic Enterprise Set-Aside July 2013 (Deviation) 1452.280-3 Subcontracting Limitations July 2013 (Deviation) 52.203-17 Contractor or Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights June 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality January 2017 Agreements or Statements

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards June 2020

52.204-12 Unique Entity Identifier Maintenance October 2016 52.204-13 System for Award Management Maintenance October 2018 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations November 2015 52.212-4 Contract Terms and Conditions -- Commercial Items October 2018 52.212-5 Contract Terms and Conditions Required to Implement January 2022 Statutes or Executive Orders -- Commercial Items 52.217-8 Option to Extend Services

52.228-5 Insurance—Work on a Government Installation January 1997 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving June 2020 52.232-40 Providing Accelerated Payments to Small Business Subcontractors December 2013 52.233-3 Protest after Award August 1996 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.252-2 Clauses Incorporated by Reference February 1998

7. SECTION J LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

8. SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

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1452.280-4 Indian Economic Enterprise Representation July 2013 (Deviation) 1452.280-2 Notice of Indian Economic Enterprise Set-Aside July 2013 (Deviation) 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN SEPTEMBER 2007

FEDERAL TRANSACTIONS

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal January 2017

Confidentiality Agreements or Statements-Representation 52.207-4 Economic Purchase Quantities August 1987 52.204-17 Ownership or Control of Offeror August 2020 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.204-20 Predecessor of Offeror August 2020 52.204-24 Representation Regarding Certain Telecommunications and Video October 2020 Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services-Representation Ocrtober 2020 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation November 2015 52.209-7 Information Regarding Responsibility Matters October 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law February 2016 52.209-12 Certification Regarding Tax Matters October 2020 52.212-3 Offeror Representations and Certifications -- Commercial Items October 2020 52.225-18 Place of Manufacture August 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications June 2020

8. SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

1452.280-1 NOTICE OF INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE SET-ASIDE July 2013 (Deviation) Quote completion & submission Instructions Award 1452.233-2 Service of Protest Department of the Interior July 1996 (Deviation) 1452.236-71 Additive or Deductive Items – Department of the Interior July 1996 (Deviation) 52.204-6 Unique Entity Identifier October 2016 52.204-7 System for Award Management October 2018 52.204-16 Commercial and Government Entity Code Reporting August 2020 52.204-18 Commercial and Government Entity Code Maintenance August 2020 52.212-1 Instructions to Offerors -- Commercial Items June 2020 52.233-2 Service of Protest September 2006

9. SECTION M EVALUATION FACTORS FOR AWARD

52.212-2 Evaluation -- Commercial Items October 2014 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

SECTION B SUPPLIES OR SERVICES AND PRICES

1452.280-1 Notice of Indian Small Business Economic Enterprise Set-Aside July 2013 (Deviation)

Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian economic enterprises (Part 1480). Any acquisition resulting from this solicitation will be from such a concern. Offers received from enterprises that are not Indian economic enterprises will not be considered and will be rejected.

Item Description Qty U/I Price Amount 01 Provide urgent repairs to Headgate Rock

Dam unit #3, per statement of work below.

JB $____________ $__________

Colorado River Indian Tribes (CRIT) TERO taxes may be applicable. Point of contact for CRIT:

CRIT

Tribal Employment Rights Office (TERO) 2660 Mojave Road Parker, AZ 85344

(928) 669-1380

CONTRACTOR________________________________________ DUNS#________________________________

PHONE # ___________________________________ EMAIL ADDRESS____________________________________

Arizona Contractor’s License Number(s)_____________________________________________________________

License Classification(s)___________________________________________________________________________

NAICS code 811310 with $8.0 million/year size standard applies to this requirement.

INSTRUCTIONS: A quote price is to be provided for each item without alteration to the Quote Schedule. Failure to provide a quote price for each item will result in the quote to be "non-responsive. The quote price is to be inclusive of all costs for the requirement, including but not limited to, all applicable taxes (Tribal, Federal & State), FOB Destination Shipping costs, etc.

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SECTION C DESCRIPTION / SPECIFICATIONS

Statement of Work

HGRD – Unit Three Repair

PR40561432

1.0 INTRODUCTION

Supplies and services required are such that of an unusual and compelling urgency for the Bureau of Indian Affairs (BIA), Colorado River Agency, Branch of Electrical Services (CRA-ES). CRA-ES faces substantial financial injury through the loss of power generation capabilities for the hydro power generation unit number 3 (hence forth referred to as Unit 3). Unit 3 suffered mechanical failures on its hydro turbine’s mechanical wicket gate operating system. These failures prevented the unit from shutting down correctly, which in turned caused a potential system runaway. To prevent the system from running away the unit’s emergency braking system, which is housed in its electric generator, activated. Due to the extended amount of the time that the braking system was dragging the disk break excessive heat was generated and the braking system was damaged along with other ancillary items within Unit 3. The Headgate Rock Dam (HGRD) is currently down one generation unit and cannot bring the unit back up for normal operation until testing and repairs can be completed. This lack of generation will require unplanned additional purchases of power from the Western Aera Power Administration (WAPA) grid.

Due to the unexpected loss of power generation capabilities across the WAPA grid purchase power costs have increased to over three times the original planned amounts. The failure and cost of repair for Unit 3 coupled with the additional purchase power costs will prevent CRA-ES from meeting its mission and impact the customers, citizens of the Colorado River Indian Tribe (CRIT), by increasing their monthly electric power bills due to the increase in purchase power costs. CRA-ES’s service area and the CRIT Reservation are in the Sonoran Desert where temperatures begin to reach 90° in the March and April months and will continue to climb to over 120° in summer months. Repair and commissioning of Unit 3 must be completed before April 1st, 2022 to prevent the unplanned additional purchase power requirements from WAPA.

2.0 OBJECTIVE

A key mission of the BIA, CRA-ES is to provide economical and reliable power to the residential and commercial customers that reside within the boundaries of the Colorado River Indian Tribe (CRIT) reservation.

Accomplishing the requirements and tasks identified in this SOW necessitates in-depth knowledge and expertise in all areas of requirements, elicitation, documentation, maintenance, and management to ensure that requirements are met, and deliverable services comply with business needs.

To ensure that all efforts are successfully completed and delivered, the services of an expert contractor is required.

The objective of this effort is for a Contractor to support CRA-ES’s mission by supplying the tools, equipment, materials, labor, and Subject Matter Experts (SME’s) required to provide the repairs, testing and commissioning of Unit 3.

3.0 BACKGROUND

Owned and operated by the BIA, the HGRD is located on the lower Colorado River, about 15 miles downstream of Parker Dam near the town of Parker, Arizona. The dam, which impounds a body of water known as Lake Moovalya, has 10 radial gates. Radial gates #1-7 act as spillway gates and pass Colorado River flow without generating any power. Radial gates #8- 10 sit immediately upstream from the power plant’s three hydroelectric generation units.

The hydroelectric power plant was retrofitted to the Head Gate Rock Dam (HGRD) circa 1992. It was designed as a low head, axial flow turbine powering the generation units to nearly 19.5 Mega Watt (MW) of power serving the Colorado River Indian Tribes (CRIT) Reservation. Somewhat rare, the hydroelectric generation units are installed horizontally because of the low head design. The turbines were manufactured by Allis-Chalmers/Voith and the generation units are manufactured by Villares. During a normal shut down of the unit the shear pins on four of the wicket gates broke allowing water to continue flow. The emergency braking system within the generator activated and stayed engaged for approximately 4 to 5 hours until work crews could get the unit come to a full stop. Damages were found through out the turbine and generator.

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4.0 SCOPE

The Contractor shall provide all Personnel, Supervision, Mobilization, Logistics, Tools, Equipment, Vehicles, Lodging, Travel, Meals, and other direct cost required to accomplish the identified requirements and tasks.

5.0 REQUIREMENTS AND TASKS

To support CRA-ES’s mission the Government requires sophisticated technical skill and professional work, to complete the required performance duties outlined in this SOW. The following section of the SOW describe the requirements and tasks that shall be completed by the Contractor.

5.1 REQUIREMENTS

The Contractor shall be directly responsible for ensuring the accuracy, timeliness and completion of tasks assigned under this contract.

Due to the contractor’s operations or the contractor’s failure to provide proper protection, repairs shall be completed by the Contactor at the contractor’s expense. Any repairs completed shall require acceptance by the government prior to completion.

5.1.1 Included in the Contractors proposal the Contractor shall provide a tabular list of proposed services to be provided to successfully complete each task identified in this SOW.

• The list provided does not have to be a comprehensive list detailing every aspect or service to be utilized but should contain all major components and services to complete each task identified in this SOW. The tabular lists will provide a clear understanding of the services to be provided and a clear understanding of how the Contractor plans to meet the objects stated in this SOW.

5.2 SPECIFIC TASKS

The contractor shall provide management and technical services within the scope of this contract to support the following tasks.

5.2.1 TASK 1: PROJECT MANAGEMENT

The contractor shall assign a Project Manager (PM), Quality Control Manager (QCM) to complete efforts performed under this PWS. CRA-ES requires management expertise, oversight, control, communications, time management, quality assurance, quality control, management, procedure enforcement, risk management, configuration management, cost management, and system implementation to complete all tasks identified in this

SOW.

5.2.1.1 The PM labor category is the only labor category designated as "key". Individuals performing in key categories are considered by CRA-ES to be essential to contract performance. The CO must be notified in writing at least 30 days prior to the Contractor removing these individuals from the contract.

5.2.1.2 After award, all key personnel changes must have the Contracting Officer's approval. Any proposed replacement must possess similar and comparable knowledge and expertise as the original proposed key person. Hence, all key personnel resumes must be reviewed and approved prior to new key personnel beginning work under this contract.

5.2.1.3 During the Period of Performance (POP) of the project the Contractor’s PM shall schedule, with the COR meetings to update status, provide lessons learned, evaluate the performance of the contractor and matters pertaining to the contract.

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5.2.1.3.1 In addition, the Contractor shall provide informational, technical, and management briefings and presentations to COR, COTR and to other technical staff as requested by COR on all aspects of the work being performed and devices being installed and configured.

5.2.2 TASK 2: REPAIR UNIT 3

CRA-ES requires the testing, inspection, repair, and commissioning of HGRD’s Unit 3.

5.2.2.1 Basic Machine parameters consist of, Turbine Manufacturer Allis-Chalmers/Voith

Runner Diameter 5050 mm

Output 6.69 MW

CFS 6200

HP 9100

Head 15’

RPM 75

Date of Manufacture/Order 1986

In Service Date 1992

Generator Manufacturer Villares

Voltage 4160 V

Output 7.222 MVA

RPM 75

5.2.2.2 Upon inspection system damage was identified on the following items, Generator Turbine

• Brake Disk • Guide Bearings

• Bake Pads • Thrust Bearings

• Brake Calipers • Wicket Gate Shear Pins (Broken and Missing Dye) javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

• Generator Guide Bearings • Lubrication System (Material Found in Oil Samples)

• Collector Ring

5.2.2.3 Contractor will complete the following repairs to Unit 3,

• Remove/Install PMG and Brake Disc, o Repair Brake Disc

• Remove/Install Turbine Guide Bearing, Thrust Bearing, and both Generator Guide Bearings.

o Inspect and make repairs identified in inspection report.

o Flush all lines and reservoirs o Filter lubrication oil and replace as needed

• Inspect Mechanical Seals for damage and future operation o Replace factory Draft Tube Flange seals with a conventional Packing Box Seal

This will eliminate the need to replace these seals bi-annually.

• Remove/Install, Inspect and Repair Collector Rings

• Check Generator Air Gap

• Energize Wicket Gate Servomotor to complete the following tasks:

o Stroke the gates multiple times while visually examining the water passage and gate mechanism o Measure stroke length and squeeze at the Servomotor Rod o Measure & record open & close timing o Adjust Gate Closure and Gate End Clearance for proper operation

• Replace Wicket Gate Shear Pins o Reinstitute red dye in shear pins

• Repair oil leakage in the Oil Head and Oil Restoring Mechanism

• Clean debris from the Water Passage

• Stroke the Runner Blades to inspect and measure the following:

o Stroke length as compared to specifications o Stroke angle measured at Trunnion, compare to specifications Measure and record open/close timing via marks on the Trunnion Seal Cover Plates Transfer those marks to the Restoring Rod area

• Sample oil in the Runner Hub

• Flush and filter entire lubrication system o Replace Oil as needed

6.0 DELIVERABLES / DELIVERY SCHEDULE

6.1 Activity and Deliverable Timetable: Deliverable products shall be submitted to the addresses shown in Section

6.3, in accordance with the following schedule:

Item # Description Section # Distribution Approval Required Due Date

001 Initial Kick-Off Meeting and Minutes N/A N/A N/A 3 Days after Notice-to-Proceed javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

002 Completed Repair Reports N/A COR – One (1) copy No 45 Days after final inspection

003 Completed Test Reports N/A COR – One (1) copy No 45 Days after final inspection

004 Completed Commissioning N/A COR – One (1) copy No 45 Days after final inspection

Table 1 - Activity and Deliverable Timetable

6.2 Acceptance/Disapproval of Deliverables:

Unless otherwise specified, the Government will have a maximum of ten (10) working days from the day the deliverables are received to review the document, provide comments back to the Contractor, approve or disapprove the deliverable(s). The Contractor will also have a maximum of ten (10) working days from the day comments are received to incorporate all changes and submit the final deliverable to the Government.

6.3 Address for Deliverables:

Colorado River Agency Electrical Services 12000 1st Ave Parker, Az. 85344

6.3.1 Electronic Submittals of deliverables may be submitted to the email address of the identified COR.

7.0 QUALIFICATIONS

7.1 The contractor shall submit a resume for key personnel and SME’s.

7.2 All personnel must meet minimum DOI security requirements.

7.3 Project assigned PM and SMEs shall submit in additional to their resume’s knowledge and technical experience of the following, Hydro Power Generator Repair

Hydro Turbine Repair

Oil System Flushing and Repairs

8.0 PLACES OF PERFORMANCE

The places of performance will be at:

Meeting Location:

Colorado River Agency Electrical Services 12000 1st Ave.

Parker, AZ 85344 La Paz County (Arizona)

Physical Locations:

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Colorado River Agency - HGRD 11850 Headgate Dam Rd.

Parker, AZ. 85344

9.0 PERIOD OF PERFORMANCE

9.1 Period of Performance:

The period of performance for this contract is anticipated to be a maximum of 180 days from date of contract award. The Contractor shall deliver the products and services of this contract in a timely manner and in accordance with the schedule indicated below under the 6.1, Table 1 - Activity and Deliverable Timetable. The schedule may be amended depending upon the logistics involved in undertaking the intended work.

10.0 QUALITY CONTROL

The contractor shall establish and maintain a Quality Control Program (QCP) that ensures that all requirements are met as specified.

10.1 Quality Control Manager:

The contractor shall designate a Quality Control Manager (QCM), who shall have overall responsibility for the contractor’s quality control management program. The designated QCM may be stand-alone or dual-hatted with other key personnel, or any other qualified contractor employee.

10.1.1 The QCM shall have a minimum of five (5) years of experience in quality control evaluation and reporting in the fields of Hydro Power Generation, Repairs and Maintenance Requirements and a minimum of two (2) years of experience working in comparably sized and configured power generation systems.

10.1.2 The QCM shall be responsible for implementing and assuring that both contractor and subcontractor personnel follow the requirements of the contractor’s QCP.

10.1.3 The contractor shall submit a QCP to the COR. A copy of the QCP shall be maintained onsite by the Contractor. Updates shall be provided to the COR for review and acceptance as they occur. The QCP shall include, as a minimum, the following:

10.1.3.1 The QCP shall identify key personnel of the contractor's organization with their level of authority clearly defined.

10.1.3.2 The QCP shall describe the Contractor’s QC inspection system including all general and specific tasks included in the scope of work. The QC inspection system shall describe and specify tasks or areas to be inspected on a scheduled or unscheduled basis, and the way inspections are to be conducted. The QC inspection system shall also address repairs and testing.

10.1.3.3 The QCP shall identify names of firms or individuals tasked to perform inspections and other quality control responsibilities, the extent of their authority, and an organization chart javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') indicating the individual’s position and reporting chain. The QCP shall also identify which trades the identified firms or individuals are qualified to evaluate.

10.1.3.4 The QCP shall identify the Contractor’s methods and procedures for identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable. The QCP shall also identify the Contractor’s procedures for notifying the COR of scheduled inspections or tests so that the Government may have a Government representative present to observe the contractor inspections and tests, or to schedule separate inspections, if so desired.

10.1.3.5 The QCP shall identify the contractor’s methods and procedures for documenting and ensuring quality control operations of both prime and any subcontractor work, including inspection and testing.

10.1.3.6 The QCP shall be constructed in such a manner that each functional area plan may be extracted and used for that function only and not contain information extraneous to that function.

10.1.3.7 The QCP shall address the contractor’s methods and procedures for documenting the quality control program, what records and files will be maintained, and how they will be updated.

The contractor shall note that the contractor’s quality control inspection program records shall be made available to the COR upon request.

10.1.3.8 The QCP shall address what quality control data will be reported to the COR. The QCP shall address how this data will be reported in the Progress Report.

10.1.3.9 The contractor shall provide, as a minimum, a quality of service consistent with best practices to achieve a more cost-effective reliability through the implementation of better operations and repair/maintenance practices. For purposes of acceptance, the QC Program will be considered as work or service and shall be subject to acceptance throughout the terms of the contract, and to include any extensions of contract term. The contractor shall notify the CO and the COR, in writing, of any proposed change to the QC Program. No changes shall be implemented prior to the review and acceptance by the CO.

11.0 WARRANTY

The contractor shall warrant all workmanship for a minimum of one (1) year from the date of work completion. Warranty shall cover the complete unit and all parts included.

12.0 TRIBAL TAXES, REQUIREMENTS AND/OR RESTRICTIONS

12.1 Special attention is called to FAR Clause 52.236-7, Permits and Responsibilities and FAR Clause 52.229-3, Federal, State, and Local Taxes. Offerors are responsible for contacting the tax authorities and tribe or tribal organization involved about any requirements regarding state taxes, tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor’s proposal.

12.2 Contractor is responsible for contacting the appropriate TERO office for coordination and approvals.

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SECTION E – INSPECTION AND ACCEPTANCE

1. INSPECTION OF SERVICES—FIXED PRICE AUGUST 1996

(a) Definition."Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

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SECTION F DELIVERIES OR PERFORMANCE

1. 52.219-14 Limitations on Subcontracting September 2021 (DEVIATION)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –

[Contracting Officer check as appropriate.] __ By the end of the base term of the contract and then by the end of each subsequent option period; or x_ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

2. 52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 May 2014 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

If this contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds or may exceed the threshold specified in Federal Acquisition Regulation 22.602 on the date of award of this contract, and is subject to 41 U.S.C. chapter 65, the following terms and conditions apply:

(a)All stipulations required by 41 U.S.C. chapter 65 and regulations issued by the Secretary of Labor (41 CFR Chapter 50) are incorporated by reference. These stipulations are subject to all applicable rulings and interpretations of the Secretary of Labor that are now, or may hereafter, be in effect.

(b)All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50-202.2). Learners, student learners, apprentices, and workers with disabilities may be employed at less than the prescribed minimum wage (see 41 CFR 50-202.3) to the same extent that such employment is permitted under section 14 of the Fair Labor Standards Act (41 U.S.C. 6508).

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4. 52.242-15 Stop-Work Order August 1989

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -- (1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

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SECTION G CONTRACT ADMINISTRATION DATA

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) April

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.

The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]: Contractors shall attach a hard copy of their invoice in IPP when submitting invoices via IPP. Invoices will be rejected if no invoice is attached.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

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SECTION I CONTACT CLAUSES

1452.203-70 Restrictions on Endorsements—Department of the interior July 1996 (Deviation)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

1452.204-70 Release of Claims July 1996 (Deviation)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

1452.215-70 Examination of Records by the Department of the Interior April 1984 (Deviation)

For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215–1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

1452.226-70 Indian Preference —Department of the Interior April 1984 (Deviation)

(a) The Contractor agrees to give preferences to Indians who can perform the work required regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation for training and employment opportunities under this contract and, to the extent feasible consistent with the efficient performance of this contract, training and employment preferences and opportunities shall be provided to Indians regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation who are not fully qualified to perform under this contract. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts consistent with the efficient performance of this contract. The Contractor shall maintain such records as are necessary to indicate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall also provide opportunities for training incident to such employment. Such training shall include on-the-job, classroom, or apprenticeship training which is designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its training and employment needs after giving full consideration to Indians as required by this clause, those needs may be satisfied by selection of persons other than Indians in accordance with the clause of this contract entitled “Equal Opportunity.”

(d) If no Indian organizations or Indian-owned economic enterprises are available for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or labor surplus area concerns.

(e) As used in this clause:

(1) “Indian” means a person who is a member of an Indian Tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the contractor shall grant the preference but shall require the individual within thirty (30) days to provide evidence from the Tribe concerned that the person is a member of that Tribe.

(2) “Indian organization” means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451); and

(3) “Indian-owned economic enterprise” means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership shall constitute not less than 51 percent of the enterprise.

(4) “Indian Tribe” means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 668; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(f) The Contractor agrees to include the provisions of the clause including this paragraph (f) in each subcontract awarded under this contract.

(g) In the event of noncompliance with this clause, the Contractor's right to proceed may be terminated in whole or in part by the Contracting Officer and the work completed in a manner determined by the Contracting Officer to be in the best interests of the Government.

1452.226-71 Indian Preference Program— Department of the Interior April 1984 (Deviation)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference—Department of the Interior,” the Contractor agrees to establish and conduct an Indian preference program which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts and which will expand opportunities for Indians to receive preference for training and employment in connection with the work to be performed under this contract. In this connection, the Contractor shall — javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

(1) Designate a liaison officer who will: (i) Maintain liaison with the Government and Tribe(s) on Indian preference matters; (ii) Supervise compliance with the provisions of this clause; and (iii) Administer the Contractor's Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all advertisements for employment that Indian applicants will be given preference in employment and training incident to such employment.

(3) Not less than twenty (20) calendar days prior to commencement of work under this contract, post a written notice in the Tribal office of any reservations on which or near where the work under this contract is to be performed, which sets forth the Contractor's employment needs and related training opportunities. The notice shall include the approximate number and types of employees needed, the approximate dates of employment; the experience or special skills required for employment, if any; training opportunities available; and all other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the Tribe(s) on or near whose reservation(s) the work is to be performed to provide assistance to the Contractor in filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact in regard to the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors and suppliers under this contract. Consistent with the efficient performance of this contract, the Contractor shall give public notice of existing subcontracting opportunities by soliciting bids or proposals only from Indian organizations or Indian-owned economic enterprises. The Contractor shall request assistance and information on Indian firms qualified as suppliers or subcontractors from the Tribe(s) on or near whose reservation(s) the work under the contract is to be performed. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to be contacted in regard to the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including— (i) A clear description of the supplies or services required including quantities, specifications, and delivery schedules which facilitate the participation of Indian firms; (ii) A statement indicating the preference will be given to Indian organizations and Indian-owned economic enterprises in accordance with Section 7(b) of Public Law 93–638; (88 Stat. 2205; 25 U.S.C. 450e(b)); (iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” as prescribed under the “Indian Preference—Department of the Interior” clause of this contract; (iv) A representation to be completed by the bidder or offeror that it is an Indian organization or Indian-owned economic enterprise; and (v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If after soliciting bids from Indian organizations and Indian-owned economic enterprises, no responsible bid is received, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference—Department of the Interior” clause of this contract.

If one or more responsible bids are received, award shall be made to the low responsible bidder if the bid price is determined to be reasonable.

If the low responsive bid is determined to be unreasonable as to price, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If a reasonable price cannot be agreed upon, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference—Department of the Interior” clause of the contract.

(5) Maintain written records under this contract which indicate: (i) The names and addresses of all Indians seeking employment for each employment position available under this contract; (ii) The number and types of positions filled by Indians and non-Indians, and the name, address and position of each Indian employed under this contract; (iii) For those positions where there are both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Indian applicant was not selected; (iv) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract; (v) Reasons why preference was not given to Indian firms as subcontractors or suppliers for each requirement where it…